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Aviation Accident Lawsuits: FAQs

No matter how technologically advanced an aircraft, or how skilled and experienced the airplane's operators, aviation accidents occasionally happen. While the 2020 COVID-19 pandemic obviously reduced air travel, 2019 saw 1,302 aviation accidents and 444 onboard deaths. If you or someone you love sustained devastating personal injuries or other losses due to an aviation accident, you may have grounds for legal action against the responsible party. To gain a better understanding of this somewhat complex subject, consider the following questions and answers about aviation accident lawsuits.

Why Do Aviation Accidents Occur?

Aviation accidents can occur for a wide range of reasons. Many people might automatically associate such accidents with pilot error. However, while pilots can make critical mistakes, so can flight service station workers, air traffic controllers, and ground crew employees, which could result in anything from collisions to mechanical failures. A mechanical failure that forces a plane to crash might stem from undetected design faults and weaknesses such as malfunctioning flight-control systems or other defective onboard equipment. On other occasions, violent storms or unpredictable flying conditions can lead to aviation accidents.

What Kinds of Damage Can Aviation Accidents Do?

An aviation accident such as a plane crash can cause serious injuries or deaths. Common injuries to passengers, pilots, and crew members may include fractures, debilitating spinal injuries, burns related to fuel combustion, and brain injuries that occur when individuals bang their heads against cabin walls or other structures. The damage caused by an aviation accident may extend beyond physical injuries. Passengers subjected to frightening or traumatic aircraft experiences may suffer from emotional scars. These experiences may trigger a crippling form of chronic anxiety known as post-traumatic stress disorder (PTSD).

Who Do You Sue in an Aviation Accident Lawsuit?

Negligence on the part of the pilot team or flight attendant crew that leads to injury provides clear grounds for a lawsuit. Examples might include getting hit by improperly secured overhead bags, reckless flying, and beverage cart spills that cause burns. Mechanical failure due to faulty maintenance may also draw legal action. Some aviation accidents require a full investigation to determine the underlying cause, potentially leaving you in the dark as to the responsible party. The investigation might hold the aircraft manufacturer or air controller team at fault, in which case you would have to sue the manufacturer or even the Federal Aviation Administration (FAA). On close examination, you may find that you can't hold any party liable in an aviation accident. For example, unavoidable turbulence might cause injuries even after the pilot has warned the passengers and the flight attendants have followed all safety procedures, in which case you wouldn't have grounds to sue.

What Damages Can You Claim in an Aviation Accident Lawsuit?

Aviation accident lawsuits can include multiple damage claims. As in other personal injury lawsuits, an aviation accident lawsuit may claim damages related to loss of income, medical expenses (including anticipated future expenses), pain and suffering, and loss of consortium (disruption of marital relations). If you lost a family member in an aviation accident, you may have grounds for filing a wrongful death lawsuit. The damages in a wrongful death lawsuit may resemble those listed above while also including funeral expenses and survivors' pain and suffering. The court may also decide to award punitive damages.

How Do You Pursue an Aviation Accident Liability Claim?

The procedures you and your attorney must follow in pursuing an aviation accident lawsuit will depend in part on whether the defendant works for the FAA. If so, you must follow the rules set down by the Federal Tort Claims Act (FTCA), which governs all lawsuits concerning federal employees. Lawsuits against private pilots or airlines may proceed more along the lines of standard personal injury cases. However, according to the General Aviation Revitalization Act of 1994, you can't sue the pilot of a plane seating less than 20 passengers once the airplane has seen at least 18 or more years of service. Unusual legal issues such as aviation accident lawsuits call for attorneys with skill and experience in this specialized area. You'll find that expertise here at Bradley, Drendel & Jeanney. Contact our law office today to learn more and arrange a consultation
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How Much Is My Car Accident Claim Worth in Nevada?

After a crash in Reno, NV, you have the right to get compensation for your losses and damages from anyone who was at fault. Many people start this process by asking "how much is my car accident claim worth,” but it's not possible to put a number on your case without knowing the details. Talk to a lawyer as soon as you can, and keep reading to learn about the main elements that will shape the number. How Much Is My Car Accident Claim Worth in Reno, NV? The value of your claim is going to depend heavily on several factors, the four most important of which are: Liability Total damages Comparative negligence Skill and experience of your lawyer 1. Liability Liability is determined by who was negligent. Negligence happens when someone doesn't act the way a reasonable person in that situation would to protect themselves or others. In car wrecks, liability often comes down to asking, "Who failed to perform their duty towards other road users by failing to follow the laws or acting unreasonably?” If you can show someone was speeding, ran a red light, was driving distracted, or similar, you can usually hold them liable. 2. Total Damages Your damages break down into two categories: economic and non-economic. Economic These are the concrete financial losses, like medical expenses, lost wages from missed work, lost earning capacity if you can't return to the same job or hours because of your injuries, and property damage. These are the foundation of your claim. Non-Economic Pain and suffering, emotional distress, loss of enjoyment of life, and any lasting changes to your daily activities or relationships belong in this group. There is no fixed formula that automatically applies for calculating these. It all depends on the severity of your injury, how long recovery takes, whether the effects are permanent, and how the injury has altered your normal routine. It also depends on your attorney: a good attorney will know how to calculate this fairly and argue for it effectively. 3. Comparative Negligence Nevada uses the 50% comparative negligence rule, and that can affect your claim. So long as you're not more than 50% at fault, you can claim compensation, but your claim will get reduced by the same amount as your fault. So if you're found to be 15% at fault and are owed $23,000 in compensation, you'd end up with about $19,550. It's very important to have a lawyer if you have some fault in the incident, as your lawyer can make sure you're protected from any attempt to call you more at fault than you are. 4. Your Lawyer It matters whether your lawyer is experienced in personal injury cases and skilled at: Gathering evidence and putting it together clearly and effectively Negotiating with insurers and understanding their tactics for minimizing claims Dealing with the red tape of the Nevada legal system Arguing and winning in court, if needed To get the help your claim needs, visit Bradley Drendel & Jeanney in Reno, NV now or call us at 775-335-9999 for a free consultation. We've been protecting Nevada personal injury victims for over 70 years.

What Should You Do Immediately After a Truck Accident?

After a truck accident involving a large commercial vehicle, the things you choose to do (or forget to do) can have a big effect on your future claim. Here's what to do after a truck accident in Carson City, NV. What to Do After a Truck Accident in Carson City, NV Check for Injuries Check yourself and everyone in your vehicle for injuries the moment the vehicles stop, and remember that adrenaline can easily mask pain, broken bones, or internal injuries for a time, so always get checked out later even if you feel fine at the moment. If anyone feels dizzy, has neck pain, or struggles to breathe, help them stay still and wait for help unless there's a life-threatening emergency, such as a car fire. Call 911 right away so police and emergency medical crews can respond. If your car can still move and the roadway is unsafe, pull as far off the travel lanes as possible. Talk to First Responders When officers reach the scene, give them a factual account of what you saw and felt. Stick to the sequence of events and don't make any guesses about fault or offer any opinions. Ask for the report number and the name of the investigating officer before you leave, because that official record is an important piece of evidence you may need later. Get Evidence If you're well enough to do so, snap pictures of everything you can. Capture the positions of both vehicles, the truck's company name, the USDOT number on the truck and its license plate, and any visible cargo. Include pictures of any skid marks, junk in the road, weather conditions, traffic signals, and the surrounding roadway generally. Take pictures of your own injuries and the interior of your vehicle. Exchange Information Exchange basic information with the truck driver and any other involved drivers, if it is safe to do so and you are all well enough to do so. You should get names, registration, and insurance information from everyone, but from the truck driver you'll also need commercial license details and the motor carrier's name. Collect contact information from any witnesses who stopped. Talk to Your Insurer Notify your own insurance company as soon as you can, but provide only the basic facts of the collision. Avoid making any recorded statements to the trucking company's insurer until you understand the full scope of your losses and have talked to a lawyer. Be aware that commercial carriers love to send adjusters to the scene quickly and press you to make a recordered statement as soon as possible; the goal is to get you to say something they can use later to limit their losses. Always refer them to your lawyer. Contact a Lawyer As soon as you're able, contact a lawyer with experience in truck accident claims. These claims often involve multiple parties, from the driver and motor carrier to cargo loaders, third-party mechanics, and sometimes equipment manufacturers. Each may have different insurance layers and different defenses. Contact Bradley Drendel & Jeanney today in Reno, NV for a free consultation. We've served all of Nevada and Northeastern California for over 70 years.

What Is a Contingency Fee?

When an unexpected injury disrupts your life, you may have the right to bring a legal claim to get reimbursed for your losses and damages. But doing so on your own is hard for many reasons, not least of all because you've got to concentrate on healing and getting back to normal life. You might have thought of contacting a lawyer here in Reno and wondered just what a personal injury lawyer contingency fee is all about. Defining the Contingency Fee Arrangement A contingency fee is a payment structure where your lawyer only gets compensation if your case is successful. If there is no recovery, you owe no attorney fees. This arrangement is especially common in personal injury because it removes the barrier of having to come up with immediate legal costs just to pursue your rights. The lawyer's payment comes as a percentage of whatever is recovered. How the Personal Injury Lawyer Contingency Fee Typically Works When you go this route, your lawyer invests time, resources, and expertise with the understanding that payment depends entirely on their success. The percentage is agreed upon in advance, and sometimes it can increase if the case ends up requiring more work or has to go to trial. You and the lawyer sign a written contract that spells out the exact percentage and scale, how it applies to the total recovery, and other key terms. Once the funds arrive from your award, your lawyer deducts their fee according to the agreement, handles any liens or medical repayments that have to be reimbursed from it, and distributes the remainder to you. Written Agreements and Nevada Requirements Nevada rules basically require that the contingency fee agreement be in writing and signed by you, clearly state the method for calculating the fee, include the specific percentages that apply at different stages, and address how expenses are to be handled and whether you remain responsible for those if the case does not succeed. Fees vs Case Expenses The contingency percentage covers the lawyer's time and skill. Case expenses are other things, like court filing fees, the cost of getting expert witness reports, medical record retrieval, investigation expenses, and costs for doing deposition transcripts. In many personal injury cases, the lawyer advances these costs and only recovers them from the settlement proceeds if the case succeeds. Advantages of the Contingency Structure Access With this arrangement, you can afford to retain experienced representation without draining all your savings or taking on debt just to get started. Confidence With this arrangement, your lawyer has skin in the game. Their recovery depends on winning, and the amount they get depends on maximizing your compensation. Breathing Room Instead of worrying about monthly legal bills, you can focus on medical treatment and getting your life back on track. Talk to a Reno Personal Injury Lawyer to Learn More Call us today at Bradley Drendel & Jeanney in Reno, NV, where our nearly seven decades of focus on personal injury cases make us one of the state's most established firms.